Summary
In Trabisco v. City of New York (280 N.Y. 776), the plaintiffs were passengers in an automobile which collided with a pole owned and maintained by the defendant Staten Island Edison Company. The accident happened on a sharp left turn where the asphalt portion was 18 feet in width with six inches of Belgian blocks on each side, beyond which was a dirt shoulder a few inches below the level of the pavement and the pole in question was about two feet from the edge of the pavement.
Summary of this case from Proctor v. Town of ColonieOpinion
Argued April 17, 1939
Decided May 17, 1939
Appeal from the Supreme Court, Appellate Division, Second Department.
Bertram G. Eadie, Arthur E. Gale and Thomas Nunley for appellants.
William C. Chanler, Corporation Counsel ( George J. Conway and Paxton Blair of counsel), for City of New York, respondent.
William E. Lyons for Staten Island Edison Company, respondent.
Judgments reversed and new trials granted, with costs to abide the event. We think the issues of negligence and proximate cause were for the jury. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.